Terms of Use

Terms of Use

Terms of Use

Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (hereafter the “Terms”).

The Terms are a legally binding contract which govern your use of hebridespeople.com, website and services provided by Northton Heritage Trust. 

This contract sets out your rights and responsibilities when you use hebridespeople.com. By using our service (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. 

Your Account with hebridespeople.com

You’ll need to create an account with us to use some of our Services. Here are a few rules about accounts with hebridespeople.com:

  1. You must be 18 years or older to use our Services. Minors under the age of 18 are not permitted to make purchases on hebridespeople.com. You are responsible for any and all account activity conducted by a minor on your account, and there may be products available that you may want to consider to limit a minor’s access to.
  2. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
  3. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
  4. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
  6. These terms do not create any sort of relationship or partnership. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and us.

Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

  1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Northton Heritage Trust, our users, or a third party.
  2. Pay Your Bills. You are responsible for paying all fees that you owe to Northton Heritage Trust. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our website. 

Termination

  1. Termination By You. We’d hate to lose you, but you may terminate your account with hebridespeople.com at any time from your account settings. Any outstanding balances or fees will still be owed to Northton Heritage Trust, and we may contact you to resolve this.
  2. Termination By Northton Heritage Trust. We may terminate or suspend your account (and any accounts that we determine are related to your account) and your access to our service should we have reason to believe you, your content, or your use of the service violate our Terms. If we do so, it’s important to understand that you do not have a contractual or legal right to continue to use our services. Generally, we will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
  3. Loss of information. If your account is terminated, you may lose any information associated with your account, including your content.
  4. We May Discontinue the Services. Northton Heritage Trust reserves the right to change, suspend, or discontinue its service for you, any or all users, at any time, for any reason. We will not be liable to you for the effect that any changes to the service may have on you, including your income or your ability to generate revenue through the service.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Warranties and Limitation of Liability

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the website. Northton Heritage Trust is not responsible for the accuracy, copyright compliance, legality, or decency of content posted to the website that you accessed through the website. You release us from all liability relating to such content.

People You Interact With. You can use the website to interact with other individuals, however, you understand that we do not screen our users and you release us from all liability relating to your interactions with other users. 

Please be careful and exercise caution and good judgment in all interactions with others.

Third-Party Services. Our website may contain links to third-party websites or services that we don’t own or control (for example, links to other island businesses). You may also need to use a third party’s product or service in order to use some of our website services (such as using our payment gateways, or signing up to our mailing lists). 

When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Northton Heritage Trust is not a party to those agreements; they are solely between you and the third party.

Gift Cards and Promotions. You acknowledge that Northton Heritage Trust does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. 

By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

Warranties.  

At Northton Heritage Trust we are dedicated to making our service the best it can be, but we’re not perfect – sometimes things go wrong. By use of our website and services, you understand and accept their provision ‘as is’ and without warranty; either express or implied. 

Though we try our best, we cannot and do not guarantee that (i) our services will be available at any given time or location, (ii) that defects or errors will be remedied (iii) that our services will be free of viruses or malware or (iv) that use of our services will meet your expectations. 

Your use of our website and services is entirely at your own risk; please be mindful of good online safety practices such as checking the page URL before you enter any personal or payment information (you should see an httpprefix, the ‘s’ indicates that your connection is secure). Look out for the padlock icon to be sure you are connected to the URL shown, and that your connection is encrypted. 

Liability Limits  

To the fullest extent permitted by law neither Northton Heritage Trust, nor any of our employees, contractors or Directors shall be liable to you for any loss of profit or revenue; or for any consequential, incidental, indirect, special or punitive damages arising from connection with our website or these Terms. 

Indemnification 

If Northton Heritage Trust is sued as a result of your actions, you agree to defend and indemnify us. This means that you will hold us harmless from any legal claims or demands (including reasonable lawyer’s fees) that arise from your actions, your use (or misuse) of our website and services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you indemnify us, in which case you agree to cooperate with us fully.

Disputes with Other Users

If you find yourself in a dispute with another hebridespeople.com user or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

You release hebridespeople.com and Northton Heritage Trust from any claims, demands, and damages arising out of disputes with other users or parties.

Disputes with hebridespeople.com

If you have an issue with us, let us know, and hopefully we can resolve it. If we cannot, then these rules will govern any legal dispute involving our services. 

A. Governing Law. The Terms are governed by the laws of Scotland. These laws will apply no matter where in the world you live, but if you live outside of the United Kingdom, you may be entitled to the protection of your local consumer protection law.

B. Arbitration. You and hebridespeople.com agree that any dispute or claim arising from or relating to the Terms shall be settled by final and binding arbitration, using the English language, and be governed by the Arbitration (Scotland) Act 2010. Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Northton Heritage Trust are each waiving the right to trial by jury or to participate in collective action cases. 

Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. 

You may instead assert your claim by submitting a Simple Procedure case, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration. Payment for any and all reasonable filing, administrative, and arbitrator fees will be in accordance with the Scotttish Arbitration Rules, and thus cannot be discussed until the arbitration process has been initiated. 

D. Forum. We’re based in Scotland, so any legal action against hebridespeople.com and Northton Heritage Trust related to our website or services must be filed and take place in Scotland. Any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. 

E. Modifications. If we make any changes to this section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against us prior to the date the changes became effective. Northton Heritage Trust will notify you of substantive changes to the “Disputes” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Northton Heritage Trust a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Northton Heritage Trust in accordance with the provisions of this “Disputes with Northton Heritage Trust” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we will let you know by posting the changes through and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Northton Heritage Trust regarding our services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

Contact Information

If you have any questions about the Terms, please email us at seallam@hebridespeople.com

*In some countries you may have additional rights and/or the preceding may not apply to you.

Last Updated 24/03/2022